Article 392 of the Costitution of India with Case law
Article 392 of the Constitution of India – Power of the President to remove difficulties
Bare Text of Article 392:
Article 392(1): The President may, for the purpose of removing any difficulties, by order, make such adaptations and modifications of the provisions of this Constitution as may appear to him to be necessary or expedient:
Provided that no such order shall be made after the expiration of three years from the commencement of this Constitution.
Article 392(2): The power conferred on the President by clause (1) shall include the power to make adaptations and modifications whether by way of repeal or amendment of any law or any order, rule or regulation made under any such law.
Explanation:
This article was transitory in nature and intended to help smooth the transition to the new constitutional regime in 1950.
It empowered the President of India to make changes to the Constitution and laws for removing any difficulties that arose in implementing the provisions of the Constitution.
However, this power was temporary and could only be exercised for three years after the Constitution came into force (i.e., till 26 January 1953).
Key Points:
It was not a legislative power, but an executive adaptation/modification power.
It could be used to amend laws but not the Constitution beyond the procedural scope of Article 392.
It is now redundant as the time period has lapsed.
Relevant Case Law:
🧑⚖️ S. K. Ghosh v. E. S. Rajagopal, AIR 1952 SC 13
Facts: Related to administrative orders passed using powers under Article 392.
Held: The Supreme Court upheld the limited and transitory nature of the power under Article 392, stating that such powers must be interpreted narrowly and cannot be used to make substantive constitutional changes.
🧑⚖️ Re: The Delhi Laws Act, 1951, AIR 1951 SC 332
Relevance: Although not directly on Article 392, it touched upon delegation of powers and the limits of executive authority, helping to shape interpretation boundaries for powers like those under Article 392.
🧑⚖️ In re: Berubari Union, AIR 1960 SC 845
The court reiterated that modifications made under Article 392 are valid only for removing difficulties and not to make substantive legislative changes.
Conclusion:
Article 392 was a temporary enabling provision empowering the President to address transitional issues in implementing the Constitution. It ceased to operate after 26 January 1953 and has no continuing applicability, but remains part of the Constitution's historical framework.
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